Oh, you guys are going to jail. This is brown. You're not answering the phone. Please don't ask me. >> Can I say what this is? I have somebody to tell at my house, so they need to go to the gift. Please sign. >> Yeah, that's not happening. >> [music] >> A mother and her daughter walked into a Florida J.C. Penney. Only the purse knew what was about to happen. Both were arrested for felony grand theft. Three legal questions follow. Aggregation, Miranda waiver, and confession admissibility. >> You guys came with an empty purse. Is that Halloween? >> The purse was in there. >> Whose purse is this? >> Mine. >> Do you have a Florida license? >> No, I don't. >> Are you here on vacation? When are you going to go back to Jamaica? >> I leave every time you get. It's like that. >> Yeah, I know. I just want to. >> That's how I say it. >> Not right now. What's your date of birth? >> On the ID or That's okay. >> Huh? >> I I put the receipt on, okay? >> That's what they took? >> Yes. >> Okay. Is that a felony? >> What's the total together? >> Uh it's about 900. 940. >> Oh, you guys are going to jail. This is brown. You're not answering the phone. Please don't ask me. >> Can I say what this is? >> No. >> I have somebody to tell at my house, so they need to go to the gift. Please sign. >> Yeah, that's not happening. Ugh. >> All right, what belongs to you guys? Is this purse yours? >> Yes. >> And what Okay. Where's this guy? Hm? >> He was in there. >> In there. All right, you you're typing the >> Yes, the statement. >> All right, yeah, cuz this is more This is a felony. >> Yeah, I'm doing this >> They think I'm going to get the the video for you. All right. >> All right, I I got to give you a link for the video. >> All right, once you get the statement, you call me. >> Once I get the statement. >> Can I just pay for the stuff cuz I really have to deal with the host? >> Uh no, the person charge is >> Who got to call the PBSO? >> Yeah, that's the PBSO. >> Oh, it was. >> Yeah, okay. >> You know, sometimes we get there is >> Yeah, I don't know what company >> You never see >> It'd be easier for me if they let you pay. >> ask them if I can just pay? All right. >> Yes. What is your phone number? There's a million cameras in here. I don't know what you guys were thinking. >> I'm back a little later. >> When I do I'll call you back. Yeah, just put it in the attic down and come back. >> Yeah. >> And you have I'm going to read you your rights before we proceed with any questions cuz they didn't know the amount was so large. You have the right to remain silent and not answer any questions. Understand that, right? >> Yes. >> Any statements you make must be freely and voluntarily given. You have the right to the presence and representation of a lawyer of your choice before you make any statements and during any questioning. If you cannot afford afford a lawyer, you are entitled to the representation to the presence and representation of a court-appointed lawyer before you make any statements and during any questioning. If at If at any time during the interview you do not wish to answer any questions, you have privilege to remain silent. I can make no threats or promises to induce you to make a statement. This must be on your own free will. Any statements can be and will be used against you in the court of law. >> Florida statute section 812.014 sets the place of palm felony threshold at $300. Aggregation combines both suspects shares into one charge when a common scheme is proven. The empty, the purse is premeditation. It kills the impulse defense. Miranda warnings were delivered before any questioning. As required under Miranda versus Arizona. Under Colorado versus Spring, answering questions afterward is an N of U implied waiver. Every statement became admissible. Missouri versus Siebert bars questioning before Miranda to launder confessions. That did not occur here. Miranda came first. Both confessions are legally untainted. >> How old are you, Mrs. Brown? >> I'm 41. >> And you? >> 41. >> Whose bright idea was this? Was it you, Mrs. Brown? >> No, it was >> Let me have that, please. You have anything in your bra or in your pockets? >> No, no pockets. >> Cuz if you bring anything to the jail, it's going to be >> also going to pay for the original ones. >> I don't think he's going to That was uh >> Do I Do I have to do it together with two different people? >> Well, it's the same crime. You guys came here to steal at the same time. Well, it's a separate crime. You guys are here together. You took half, she took half. And when you add both halves, now you got a phone. Anything else? >> [snorts] >> Can that come off? >> I'm going to just hold the phone. I want to pay for this stuff. >> Like he said, it's not that easy. >> I don't have it. >> That That was That was step number one was to pay for it before walking out with it. So you guys are up here? >> I'm not. >> All right. You guys need to You have been arrested before. Let me tell you. I'm being extremely nice. I don't have to. So we can You know, everything's on video. Whatever I'm asking. Everything that you guys did is on video. >> Mhm. We drove in the car outside. >> Um Are you guys okay with that? What's up? With the vehicle being outside? Can someone come over and pick it up? >> Yeah, that's fine. >> All right. Uh whose car is it? >> Just one done. Cuz they'll be trespassed. >> Yeah. Whose uh whose vehicle is it? >> It's my boyfriend's car. >> Okay. Uh Besides J.C. Penney, did you guys also went to a different store? >> No, I didn't. >> You came directly here? >> No, we had to stop at Sam's Club. >> No, that was the first stop. >> Did you shoplift at any different store here in Thousand Oaks? Just only in this place? >> Yes. >> Are those like personal clothing or kids clothing or who was it clothes for? For you guys or for >> daughter and myself. >> Okay. And then the same with you? >> No. >> Guess what? You got a daughter, too? >> No. >> Have you guys been here before? Have you been here before since you're not from the US? >> I've shopped here before, yes. >> Okay. Um Is there anything that you would like to say? >> No. >> And you did fail the test. Took a little too many. Once it passes the misdemeanor, you I can give you a ticket accordingly. Whatever. Everybody makes mistakes. Felony? You know, there's no I got no >> own mistake. Didn't she make her own mistake? >> Huh? >> Don't we make our own separate mistakes? >> No, it was just it was It's the same crime. How long When What time did you guys get here? >> I honestly don't know. >> We both got here maybe half an hour ago. That's all. >> About an >> And you took all that in 30 minutes? >> I think we got here maybe after 3:00. >> 7:00 is what >> I don't know what time it >> [clears throat] >> You started 4:00, what you did? >> Yeah. Started 4:00. >> Thank you for your honesty, Mrs. Brown. How about you? >> No. >> You got got like no record. >> No, I don't. >> I thought you were BSing me. I thought I thought you were lying. But you messed up bigger than her cuz you're not from here. All right. So, I got my confession. >> The officer receives an A- minus. Miranda was correct. Probable cause was solid. The minus is the undocumented phone access request. Subject one receives a D. The booster bag proves premeditation and post-Miranda admissions are now prosecution evidence. Subject two receives a D. As a foreign national under Padilla versus Kentucky counsel must advise of removal consequences before any plea. And that obligation was triggered the dob the moment the felony charge was filed. >> That's a statement? >> Yeah, that's the statement I'm bringing to you. >> You got Do you have their names? >> Yes. >> We'll give them to you. >> I got their names. >> Who's Anna? >> Anna. Anna is the is the is the homeless. >> Nice. >> That's not her name. >> That's not her name. >> Okay. You want >> Shakane Williams, who's that? >> Yeah, that that's the other one. That's the name she gave. >> Oops, sorry. >> I got somebody I just want to know. >> Shakane? Shakane Shakane Williams, who's that? >> That's That's the young girl. She gave you I guess her first name, you know, but it's not it's not um It's not Williams. >> I'm going to look through some records, but I swear I've seen that person. >> Who are they? >> Them. >> Both of them. >> Both of them are mother >> They got They got no no no no no. no >> Never been caught. >> I know. >> They have no idea. >> Open your phone real quick. >> Riley versus California requires a warrant to search phone contents at arrest. The footage does not confirm consent or a warrant was obtained. That is a live Fourth Amendment suppression risk. Three rules. Splitting merchandise does not split the felony aggregation. Combines them. Post-Miranda silence costs nothing and cannot be used at trial under Doyle versus Ohio. For non-citizens, a removal order outlasts any prison sentence. Padilla requires counsel to say so. Let us know if there is an interaction or legal topic you would like us to discuss in the comments. 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